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Evidence gained by torture can be used by the US military review panels deciding the fate of detainees at Guantanamo Bay, the US Government has conceded.
Lawyers acting for Australian detainees in Cuba have called on the Australian Government to renounce the practice.
About 70 years ago, the United States Supreme Court ruled evidence gained through torture was inadmissible.
Deputy associate Attorney-General, Brian Boyle, has told the District Court in Washington DC, that the Guantanamo review panels are allowing such evidence.
Michael Ratner, a human right lawyer with the Centre for Constitutional Rights, says he was shocked with the Bush administration's admission.
"Never in my 30 years of being a human rights lawyer would I ever expected to be in the state that we've arrived at," he said.
Mr Ratner says the admission amounts to a tacit acceptance of torture.
"You're saying to another country or another place, torture people and we'll just use the product of it," he said.
He says the Howard Government must condemn torture and the use of evidence produced from it.
This week the International Committee of the Red Cross accused the US military of using tactics "tantamount to torture" on prisoners at Guantanamo Bay, a claim the Pentagon rejects.
Two Australians, Mamdouh Habib and David Hicks, are being held at Guantanamo Bay.
The US military lawyer appointed to defend Hicks, says the Australian Government should do more to ensure his client gets a fair trial.
He says Mr Hicks will not get a fair trial before the Commission and the Australian Government is not doing anything about it.
He says there must be rules of evidence.
"This Military Commission system is designed to allow evidence that could have been obtained under torture to be used as evidence against people," he said.
"Rules of evidence and procedures have been designed to keep uncredible evidence out and credible evidence in".
Maj Mori says Australia should protest against the Commission process like Britain has and hold an inquiry into its legal standards.
Major Michael Mori is in Melbourne for a seminar on legal tactics.
Lawyers acting for Australian detainees in Cuba have called on the Australian Government to renounce the practice.
About 70 years ago, the United States Supreme Court ruled evidence gained through torture was inadmissible.
Deputy associate Attorney-General, Brian Boyle, has told the District Court in Washington DC, that the Guantanamo review panels are allowing such evidence.
Michael Ratner, a human right lawyer with the Centre for Constitutional Rights, says he was shocked with the Bush administration's admission.
"Never in my 30 years of being a human rights lawyer would I ever expected to be in the state that we've arrived at," he said.
Mr Ratner says the admission amounts to a tacit acceptance of torture.
"You're saying to another country or another place, torture people and we'll just use the product of it," he said.
He says the Howard Government must condemn torture and the use of evidence produced from it.
This week the International Committee of the Red Cross accused the US military of using tactics "tantamount to torture" on prisoners at Guantanamo Bay, a claim the Pentagon rejects.
Two Australians, Mamdouh Habib and David Hicks, are being held at Guantanamo Bay.
The US military lawyer appointed to defend Hicks, says the Australian Government should do more to ensure his client gets a fair trial.
He says Mr Hicks will not get a fair trial before the Commission and the Australian Government is not doing anything about it.
He says there must be rules of evidence.
"This Military Commission system is designed to allow evidence that could have been obtained under torture to be used as evidence against people," he said.
"Rules of evidence and procedures have been designed to keep uncredible evidence out and credible evidence in".
Maj Mori says Australia should protest against the Commission process like Britain has and hold an inquiry into its legal standards.
Major Michael Mori is in Melbourne for a seminar on legal tactics.
How can the US government be respected, as it is yet another regime that condones the practice of torture.
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